How Long to Prepare New Order?
State: Virginia
There was a custody/support change 2 years ago for son & daughter. Mother's lawyer prepared order and judge signed. Now, another custody change for son...father filed 3 motions for amendments to custody, visitation and support (everything must be separate in Virginia). The clerk said the previous order from 2 years ago was filed incorrectly, it has custody, visitation and support all in one order, which is not allowed. She said the clerk of court will have to separate the previous order before new motions can be filed. When asked how long this will take, she said she didn't know. Its been 2 weeks now and still nothing. Anyone have any idea how long it might take and how we might be able to speed things along?
Thank you.
Re: How Long to Prepare New Order?
The clerk has assumed responsibility to separate the single order into three separate orders? Do you have a lawyer?
Re: How Long to Prepare New Order?
Yes, the clerk of the court said they will separate the order.
Both parties had a lawyer when the order was filed. Her lawyer prepared the ordered and filed it. We are just finding out now it was done incorrectly. I find it very interesting that 2 lawyers and the judge didn't catch this at the time.
1. Why would a judge sign something that was so obviously incorrect?
2. Could either of the lawyers be responsible to refile the order in the correct format...especially since both were paid for it 2 years ago?
Re: How Long to Prepare New Order?